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DRAFT LAND REFORM (SCOTLAND) BILL: Consultation Paper

draft

Section 86: Additional land included at request of owner

This section deals with the situation where, in response to a crofting community right to buy application, a landowner requests that the crofting community body should also take other land which that landowner owns in addition to the land in the application.

Subsection (1) provides that, where such a request is made timeously, Ministers may, if they consider it is in the public interest, require that the crofting community right to buy application be modified to include such land.

Subsection (2) provides that Ministers may refer the question as to whether the additional land should be included to the Scottish Land Court and shall do so if required by the landowner who made the request.

Subsection (3) requires the Scottish Land Court to report its findings to Ministers.

Subsection (4) requires Ministers to take account of the findings of the Scottish Land Court in reaching their decision as to whether the land must be included in the application.

Section 87: Consent conditions

Subsection (1) provides that Ministers may apply conditions to their consent to an application to exercise the crofting community right to buy.

Subsection (2) provides that such conditions must be consistent with any conditions imposed by the Scottish Land Court on the land or interest in land to which the right to buy application relates.

Section 88: Notification of Ministers' decision on application

Subsection (1) provides that Ministers will give notice in writing of their decision to consent to or refuse an application to exercise the crofting community right to buy and identifies the persons to whom such notice must be given. It specifies that the notice must be in a prescribed form and requires Ministers to give reasons for their decision.

Subsection (2) provides that the notice must be in a form which includes certain information about the land and title conditions.

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